SG: New point, otherside learned counsels relied upon Article 213 to substantiate their interpretation. The interpretation canvassed that this clearly shows that there is no discretion with Governor. Dattar went to the extent of saying that legislature has a right to pass a void bill and only mylords can set aside.

One argument was the promulgation of the ordinance, I am not saying read discretion here

CJI: it is his satisfaction rendered by aid and advice; ordinance is the power of executive

SG: i am saying, there is discretion after aid and advice..Like Article 254(2), here it makes very clear that as per first part, you will act on aid and advice. But he shall not do it on three contigency including he deemed it necessary to reserve it for the consideration of President. For this, he needs prior permission of the President.

This provision came in consideration before a seven judge bench. This was not cited because the argument came orally. Krishna Kumar Singh v State of Bihar, seven judge bench held.